T. KAMALAKANNAN Vs. THE DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner, Learned Additional Government Pleader for Respondents 1 to 6 and Learned Counsel for Respondents 7 and 8.

(2.) According to the Petitioner, he is the absolute owner of the property situated at Ambattur Taluk, Korattur Village, Thathankuppam bearing old Survey No. 128/1B3, Town Survey No. 118/5, Chennai measuring an extent of 4146 Sq.Feet, which he originally purchased from Pachaiappan and Vitabai through a registered Sale Deed dated 13.05.2004 vide Documents Nos.1542/2004 and 1543/2004 on the file of SRO, Korattur.

(3.) The Learned Counsel for the Petitioner submits that the Petitioner as well as other residents of the area rely on the service road, which runs along way to the 200 feet bypass road not only for the residents of that area also for other passengers passing from that side are also using the service road. Further, next to Petitioner's property that is, on the northern side of his property belongs to 8th Respondent, which is a property admeasuring about 1631 sq.ft., which is in the triangular shape, the land on the western side of the 8th Respondent's land belongs to the Highways Department and left it for service road, the residents of that area, other passengers and himself have to use the service road for transportation and that is the only road left for them, which connects the bypass road. In this background, the 8th Respondent and her husband, who is the 7th Respondent herein, with the crooked intention in order to encroach the land, which belongs to Highways Department, had taken many measures like constructing house, planting saplings, by doing these, they converted their triangular shape land into rectangular shape, which is their main intention. Many times they had indulged themselves to encroach the Government Land, which had become a great endanger to the residence and public accessing the service road. The Petitioner has taken several initiatives and sent many representations to the concerned authorities requesting them to conduct enquiry and to take appropriate action to remove the encroachment.